The restrictions on distance selling don’ t form part of the original Directive and indeed, by implementing restrictions on cross-border sales, domestic implementation goes against the fundamental operation of the Single Market.
This does place the vaping market in a very awkward position. Age restrictions aside for the moment, some Member States are of the opinion that“ internet sales can not be adequately overseen”; meaning that the competent authority in charge of the implementation won’ t know, for sure, if the product being sold meets the definitions enshrined in domestic legislation.
This could also be interpreted as being lazy. Officials don’ t want the hassle of having to monitor online sales, so it’ s simpler for them to prohibit them. This does of course make it difficult for vapers in those Member States to obtain the products that they want to use.
But the story doesn’ t end there. If restrictions on product availability through online and distance selling wasn’ t enough, there’ s also restrictions on flavours. With certain ingredients being outright blacklisted in addition to the provisions of the Directive- a la Germany- some Member States, most notably Finland, are only allowing tobacco flavour. This is based on the assertion that the measure would reduce appeal among youth, but still leave the products available for adults who choose to use them.
allowed and flavour restrictions. What else?
Costs. Domestic legislation often likes to see a revenue stream, and the implementation of the TPD is no different. In order to have a product placed on the market, retailers in each Member State need to notify the‘ competent authority’- the MHRA in the UK for instance- and pay for the privilege.
These costs vary wildly across the EU. Before the Belgian implementation was suspended by Royal Decree, the figure of € 4,000 formed the cost of notification per product for a retailer. Though France looks to go one better than Belgium. Specifically € 3,600 more. In contrast, the UK MHRA charges £ 220 for a new product( roughly € 250), £ 110 for a modification plus a £ 60 per year“ annual service charge”.
The disparity in notification charges will have to come from somewhere, and the most obvious choice for many retailers is to bump up prices as far as their customers allow. The end result is the same.
The State of the Union is a puzzle missing many centre pieces and corners, leaving vapers with fewer choices.
To find out more about Paul, and his work at NNA, please go to website http:// nnalliance. org / nna-uk / board / 14-trustees / 99-paul-barnes now.
So we have limits on the type of products available in smaller tank sizes and refill bottles. There’ s limits on the ingredients
TPD- 9